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OFFICIAL NEWSLETTER OF NCCIA

VOLUME 6; NUMBER 2
February 2020

The NCCIA Is Mourning The loss of State Representative Linda Johnson

(Southern Pines)….The NCCIA is mourning the loss of State Representative Linda Johnson (R-Cabarrus) from a stroke on Tuesday, February 18, 2020 in Concord. As our key supporter in the State House, Johnson had championed the Captive Insurance program since its passage in 2013. Johnson was in her 10th term in the General Assembly, accumulating seniority that saw her become Co-Chair of the House Appropriations Committee.


 A service celebrating her life was held at the N. Kannapolis Baptist Church on Saturday, Feb. 22, attended by over 50 members of the House, and the House leadership led by Speaker Tim Moore. US Senator Thom Tillis, a former Speaker of the NC House, was also in attendance. Representing NCCIA were Alex Webb, Lane Brown and Tom Adams.

Representative Johnson was the recipient of several awards from NCCIA, most recently in 2019 celebrating her commitment to public service for all of North Carolina and in particular for support of the captive insurance industry.  Speaking for the captive industry Alex Webb said simply “Linda will be greatly missed.”

Early bird registration for the NCCIA Annual Conference is open from now until Friday, March 27th
Early bird registration for the NCCIA Annual Conference is open from now until Friday, March 27th. Substantial savings are available to those who register early. The Washington Duke Hotel is also taking reservations. Thomas Adams, President & CEO of NCCIA said “There are two key things to consider when making the decision to attend this year’s conference. First there is so much that is new for 2020. Dates, location, a new pre conference forum for captive owners, a special plenary session on ESG Investing and a “spy” themed social event. Lots of reasons to attend.” If you are planning to attend you should reserve your room now at the Washington Duke Inn as the hotel will be sold out during our event. Join us amid the long leaf pines, magnolias and azaleas during beautiful Spring in North Carolina. You will not find a more informative conference in a more beautiful setting than the NCCIA Conference May 13-15 in Durham.
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The CIC Services Case Pending In The US Supreme Court Has Been The Subject Of Major Developments In The Last Few Days
The CIC Services case pending in the US Supreme Court has been the subject of major developments in the last few days. As previously reported, CIC has sought high court review of its flawed 6th Circuit Court of Appeals adverse ruling. Its petition for discretionary review, called “cert”, was filed under a court approved extension on January 17, 2020.

With this filing, interested parties were granted until February 24 to file what are called “friends of the court” briefs, often referred to as Amicus Briefs. As of February 24, eight (8) Amici had submitted briefs for the nine member court to consider in Conference. In an interesting procedural twist, the Solicitor General requested and was granted an extension to file the Government’s response until March 25, 2020. This effectively gives the IRS and Treasury attorneys the chance to review the Amici briefs when preparing their opposition to the cert petition.  Posturing in this manner is not unusual in high court cases.
Those eight (8) parties filing Amicus Briefs supporting CIC  include the following: Chamber of Commerce of the United States of America; Professor Kristin E. Hickman of the University of Minnesota Law School (who filed an Amicus in the 6th Circuit), The Cato Institute, Americans for Prosperity Foundation, Tax Clinic at the Legal Services Center of Harvard Law School, Patrick J. Smith (a well known tax attorney), and the American College of Tax Counsel.  Rounding out these submissions is the joint Amicus Brief of NCCIA, the Kentucky Captive Association, the Missouri Captive Insurance Assn., the Oklahoma Captive Insurance Assn. and the Tennessee Captive Insurance Association. No party filed an Amicus encouraging the Court to deny the CIC petition for review!

These Briefs are all online and available for review and copying at the website for the US Supreme Court – go to Case Documents, click “Docket” and type in “CIC Services” in the search box. This will take you to case Docket No. 19-930 and all court filings. We do not expect any decision by the Supreme Court on whether to take the case until after the Solicitor General files his brief on or before March 25, 2020. Recall that it only takes 4 of the 9 justices to decide whether to accept the CIC cert petition and set the case for formal briefing and oral argument. NCCIA will keep members and readers updated as developments occur.
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